ccm19770322COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD MARCH 22, 1977
The meeting was called to order at 7 32 P.M. by Mayor Jerome Gottfried.
Also present were Aldermen Constantineau, Colburn, Dumke, Ford, Pienkos
Ald. Schaumberg was absent.
and Wallner, City Attorney John Buckley and City Clerk Bette J. Bowyer.
Ald. Pienkos moved for the approval of minutes of meeting held March 8,
1977, as mailed. Seconded by Ald. Dumke, motion carried.
Ald. Colburn presented the minutes of the Finance Committee meetings
held 3/17/77 and 3/22/77 and moved that they be approved and placed on
file. Seconded by Ald. Wallner, motion carried.
Ald Dumke presented the report of the Public Works Committee meeting
held 3/16/77 and moved that same be accepted and placed on file. Sec-
onded by Ald. Colburn, motion carried.
meeting held 3/9/77 and moved that same be accepted and placed on file.
Ald. Pienkos presented the report of the Public Welfare Committee
Seconded by Ald. Constantineau, motion carried.
Ald. Constantineau presented the report of the Rules, Laws & Ordinance
Committee meeting held 3/9/77 and moved that it be accepted and placed
on file. Seconded by Ald. Pienkos, motion carried.
Ald. Pienkos presented the report of the Public Safety Committee
meeting held 3/16/77 and moved that it be accepted and placed on
file. Seconded by Ald. Wallner, motion carried.
Ald. Colburn presented the report of the Public Sewer Committee meeting
held 3/4/77 and moved that it be accepted and placed on file. Seconded
by Ald. Dumke, motion carried.
The minutes of the Police Building Committee meeting, the Park and
Recreation Board and the Plan Commission were acknowledged and placed
on file.
UNFINISHED BUSINESS
Ordinance #322 - The Clerk gave the second reading of same, entitled,
An Ordinance to Amend Various Provisions of the Basic Regulations of the
Zoning Ordinance (Ch. 17)of the Municipal Code (Referenceto minimum
sewers). Ald. Colburn moved for adoption, seconded by Ald. Dumke.
lot size in Business Districts in the city that are served by municipal
Upon a roll call vote the motion carried with Ald. Wallner casting a
dissenting vote.
Ordinance #323 - The Clerk gave the second reading of same, entitled,
An Ordinance to Amend Ch. 24 of the Municipal Code (Re: Registration of
Snowmobiles). Ald. Pienkos moved for adoption, seconded by Ald. Con-
stantineau. Upon roll call the motion carried unanimously.
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COMMUNICATIONS FROM THE MAYOR‘S OFFICE
1977, as “Youth Art Month”.
The Clerk read a proclamation from Mayor Gottfried designating March,
The Clerk read the Mayor‘s veto message regarding Resolution #22-77
As Amended, entitled, Approval of Legal Status of Lots 3 and 4, Muskego
Mayor’s veto of the resolution. Seconded by Ald. Pienkos. Following
Shores Subdivision - W. Anderson). Ald. Colburn moved to override the
a lengthy discussion on the motion to override the veto and upon a
roll call vote Aldermen Colburn, Constantineau, Pienkos and Wallner
voted “aye“. Aldermen Dumke and Ford voted “no“. Because two-thirds
was sustained.
vote of the Council is needed to sustain the veto (2 votes) the veto
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Common Council
3/22/77
Page 2
Unfinished business - cont'd.
The Clerk read the Mayor's veto of Resolution #50-77, As Amended,
entitled, Approval of Grievance -(MPPA). There being no motion to
override the Mayor's veto of the resolution the veto was sustained.
NEW BUSINESS
Resolution #59-77 - The Clerk read same, entitled, Modification of Land
Covenant from Fountainwood Pool Association. Ald. Pienkos moved for
adoption. Seconded by Ald. Dumke. Upon a roll call vote the motion
carried with Ald. Wallner voting "no".
Resolution #60-77 - The Clerk read same, entitled, Approval of Final
Plat of Country Club Oaks. Ald. Colburn moved for adoption, seconded
by Ald. Constantineau. Upon roll call the motion carried unanimously.
Resolution #61-77 - The Clerk read same, entitled, Approval of
Preliminary Plat of West Lake Estates. Ald. Colburn moved for
adoption, seconded by Ald. Dumke. (This development consists of 76
lots). Upon a roll call vote the motion carried unanimously.
Resolution rY62-77 - The Clerk read same, entitled, Release of Surveyor's
Bond for Hale Park Meadows. Ald. Colburn moved for adoption, seconded
by Ald. Wallner. Discussion followed and in answer to a question from
Ald. Pienkos, Mayor Gottfried advised that this bond concerns only
the staking of the subdivision and has no relationship to restoration
work, grading, preparation of outlot, etc. Upon a roll call vote to
adopt Resolution #62-77 the motion carried with Ald. Pienkos casting
a dissenting vote.
Resolution #63-77 - The Clerk read same, entitled, Acceptance of Low
Prime & Seal, Inc. and bituminous asphalt and tacoat, Payne &3 Dolan). Ald.
Bid for 1977 Road Improvement Program (Liquid asphalt and pea gravel,
Ford moved. for adoption, seconded by Ald. Wallner. Motion carried unanim- ously .
Resolution #64-77 - The Clerk read same, entitled, Authorizing Ruekert
& Mielke to Advertise for Bids for Sewer Installation for Police Bldg.
Ald. Pienkos moved for adoption, seconded by Ald. Colburn. Motion
carried unanimously.
Resolution #65-77 - The Clerk read same, entitled,Waiving of Permit
Fee for General Contractor (City of Muskego) for New Police Building Ald. Colburn moved for adoption, seconded by Ald. Wallner. Motion
carried unanimously.
Resolution #66-77 - The.Clerk read. same,^ entitled, Establishing Traffic
for adoption, seconded by Constantineau. Upon roll call the motion
carried unanimously.
Resolution #67-77 - The Clerk read same, entitled, Authorizing Execution
of Agreement with George Small for Highway 24 Project. Ald. Con-
stantineau moved for adoption, seconded by Ald. Dumke. Upon roll call
the motion carried unanimously.
Resolution #68-77 - The Clerk read same, entitled, Authorizing Adver-
tising of Bids for Culvert Installation in the City for 1977. Ald.
Constantineau moved for adoption, seconded by Ald. Dumke. Upon a roll
call vote the motion carried unanimously.
Resolution #69-77 - The Clerk read same, entitled, Authorizing the Sub-
mittal of Application for Financial Aid (Jensen Park). Ald. Pienkos
moved for adoption, seconded by Ald. Wallner. Upon roll call the motion
carried unanimously.
Regulations (Designating. Bay Lane a "through" street. ) Ald. Pienkos moved
a Common Council
Page 3.
New business - cont'd.
Resolution #70-77 - The Clerk read same, entitled, Authorizing the
Submittal of Application for Financial Aid (Horn Park). Ald. Con-
stantineau moved for adoption, seconded by Ald. Ford. Upon roll
call the motion carried unanimously.
Resolution #71-77 - The Clerk read same, entitled, Authorizing the
Pienkos moved for adoption, seconded by Ald. Wallner. Upon roll call
Submittal of Application for Financial Aid (Schmidt Park). Ald.
the motion carried unanimously.
Resolution #72-77 - The Clerk read same, entitled, Authorizing Execution
of Agreement With Telephone Company for Telephone Service (Police
Building). Ald. Dumke moved for adoption, seconded by Ald. Colburn.
Ald. Ford moved to defer action on Resolution #72-77 to give him
an opportunity to acquaint himself with the details of the contract
Following discussion regarding the possibility of a rate increase
and what services would be offered. Seconded by Ald. Constantineau.
upon a roll call vote on the motion to defer, Aldermen Colburn, Con-
stantineau, Dumke and Ford voted "aye". Aldermen Pienkos and Wallner
voted "no". The motion to defer carried.
Resolution #73-77 - The Clerk read same, entitled, Transfer of Funds.
($500.00 from Capital Budget Contingency Fund to Police Dept. Capital
Budget to be used as part payment for needed camera equipment, balance
by Ald. Wallner. Following discussion, upon a roll call vote Aldermen
to be paid by State Funds). Ald. Ford moved for adoption, seconded
Colburn, Dumke, Ford and Wallner voted "aye". Ald. Constantineau and
Pienkos voted "no". The motion carried.
Resolution #74-77 - The Clerk read same, entitled, Authorizing
Application for CETA Funding. (Personnel to be used in Public Works,
Library and Parks & Recreation Departments). Ald. Pienkos moved for
adoption, seconded by Ald. Colburn. Upon a roll call vote the motion
carried unanimously.
Resolution #75-77 - Ald. Pienkos moved to suspend the rules in order
by Ald. Dumke. Upon roll call motion carried unanimously. The Clerk
that this resolution could be acted upon at this meeting. Seconded
read the resolution, entitled, Accepting Metropolitan Sewerage District
Ald. Dumke moved for adoption, seconded by Ald. Constantineau. Upon
Engineering and Administrative Plan for Infiltration/Inflow Study.
roll call vote the motion carried unanimously.
Resolution #76-77 - Ald. Constantineau moved to suspend the rules
in order that this resolution could be acted upon at this meeting.
Seconded by Ald. Pienkos. Upon roll call the motion carried unan-
imously. The Clerk read the resolution, entitled, Establishing the
Number of Election Officials for the April, 1977 Election. (Re.
reducing the number from five to three when deemed advisable). Ald.
Colburn moved for adoption, seconded by Ald. Dumke. Upon roll call
the motion carried unanimously.
3/22/77
VOUCHER APPROVAL - Ald. Colburn moved for the approval of payment
of general vouchers in the amount of $423,790.19, payable 3/22/77.
Seconded by Ald. Ford. Upon a roll call vote the motion carried
unanimously.
Ald. Colburn moved for the payment of sewer utility vouchers in the
amount of $40,568.86 payable 3/22/77. Seconded by Ald. Dumke. Upon
roll call the motion carried unanimously.
Common Council
3/22/77 - Page 4.
LICENSE APPROVAL
w Brown, Suzanne O'Connor, Tom Moritz and Robert Day. Seconded by
Ald. Colburn moved for the approval of Operators License for Theodore
Ald . \Yallner . Mot ion carried.
Ald. Colburn moved for the approval of "Gathering" License for hluskego
Volunteer Fire Company Ladies Auxiliary for hlay 7, 1977. Seconded
by Ald. Pienkos, motion carried.
Ald Colburn moved for the approval of a Dump Refuse Hauling Permit
for Walter Clemens (Farwest Disposal). Seconded by Ald Dumke hlotion
carried.
ADJOURNMENT - Ald. Constantineau moved to adjourn, seconded by Ald.
\Vallner. &lotion carried. The meeting adjourned at 9 47 P M.
Respectfully submitted,
&iY+J
Bette J. Bowyer, City Clerk
March 9, 1977
I, June E. Elger, Deputy City Clerk of the
City of Muskego, do hereby certify that on March 9,
1977, the Mayor of the City of Muskego, submitted
to this office his intention to veto Resolution
#22-77, entitled, Denial of Legal Status (Lots 3
and 4, Muskego Shores Subdivision - W. Anderson),
which was adopted by the Common Council on March 8,
1977.
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-, ,June E. Elger, ileputy' City Clerk
7..~' City of Muskego ,!
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March 18, 1977
TO The Honorable Aldermen of the City of Muskego
Re' Veto of Resolution #22-77, As Amended
Gentlemen:
$22-77, As Amended. That resolution granted legal lot status to
Lots 3 and 4, Block 13, hluskego Shores Subdivision, owned by Mr.
of your body to the degree that I feel a veto is necessary, in
Willard Anderson. Although I seldom disagree with the actions
this particular instance because of the many ramifications of your
action I have chosen to use the veto as a method-of re-opening the
matter for further discussion.
On March 8, 1977, your honorable body adopted Resolution
Mr. Anderson and that he.owns a horne~ on Lot 4. You will further
recall that he has asked-for legal-lot status in order that Lot 3
can be sold. As is usually the case when I disagree with you
I have spent a great deal of time reviewing this matter in an
Mr. Anderson has been a longtime resident of the city, pleads
attempt to find some way to justify your action. The fact that
economic hardship and is a longtime acquaintance of mine I have
been especially diligent in my review. However, I have not been
able to find justification for your action. .>
You will reca-11 that the lots in question are both'owned by
a philosophy that whenever possible they will discourage the pro-
liferation of high density development. As a result of that
philosophy very few substandard lots have been given legal lot
status and in those cases where it was granted it was as a result
of redivisions. A review of the hluskego Shores Subdivision indicates
that there are a large number of double lots which could, although
substandard, be built upon. A drive through the subdivision clearly
sho\?'s \\:here these double lots are and how it would affect the
neighboring area. It is my personal opinion that your body, by
giving legal lot status to Mr. Anderson, has created the possibil.ity
of many requests for legal lot status. Although you may argue that
each case represents a different situation and should be looked at
individually you will be hard pressed to deny any request for legal
lot status in the future since each person feels he has a unique
situation. The lots in question are perhaps the worst example of
development in an area already too dense By approving Resolution
$22-77, As Amended, you have not only declared legal a lot that is
substandard in width but you have created a second legal lot which
is substantially lacking in area as well as width.
Over the past several years the City of Muskego has developed
'e what can happen \+hen you encourage continuation of high density
]made legal it is the responsibility of the Council to look at many
When determining whether or not substandard lots should be
things, on of which is not the economic advantage or disadvantage
to the o\iner You must consider how that action would affect
adjacent property owners, the density of .the area, the soals of the
be used as a precedent for future requests by other citizens
city as they relate to density and whether or not your action could
as a conmunity committed to medium and low density development as
well as one that has been able to overcome the poor planning xhich
had taken place many years ago.
The City of hluskego over the years has developed a reputation
I urge that you reaffirm the philosophy of the city by sustain-
Sincerely yours,
JJG/je
Jerome J. Gottfried, Nayor
D
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March 9, 1977
I, June E. Elger, Deputy City Clerk of the
City of Muskego, do hereby certify that on March 9,
1977, the Mayor of the City of Muskego, submitted
to this office his intention to veto Resolution
#50-77, entitled, Denial of Grievance of Muskego
Professional Policeman's Association, which was
adopted by the Common Council on March 8, 1977.
i-. . h. r
March 18, 1977
To: The Honorable Aldermen of the City of Muskego
Re: Veta of Resolution ,"50-77, As Amended
Gentlemen a On March 8, 1977, your honorable body adopted Resolution
Professional police man"^ Association. You will recall that the
#50-77, As Amended, which approved a grievance filed by the Muskego
ment between the City and Teamster's Local X695. You will further
grievance involved Article 5, Section 4, of the 1976 labor agree-
working a double shift did not receive double holiday hours.
recall that the grievance was based on the fact that officers
The grievance indicated that on Good Friday and Labor Day a shift
team worked two successive 8-hour shifts. On the recommendation
of the city's negotiator the Finance Committee recommended denial
of the grievance.
I have considered the many arguments, both pro and con, that
were set forth at your meeting on March 8th and it appears to me
that those of you who were in favor of approving the grievance
felt that the officers involved deserved the extra compensation.
once again, however, I must point out the grievance involved circumstances which happened from four to nine months prior to
teams had discussed the matter and agreed to the clarification of
the time it was filed It was also filed after the negotiating
the section involved for the 1977 contract. In other words, after
the problem had been resolved in the 1977 contract the Association
chose to grieve the matter based on the language of the 1976
further believe that if the Association felt a grievance was
contract. I believe this is wrong and unfair to the city. I
warranted it should have been filed immediately after the incident
occurred and not after the language was clarified in the 1977
contract.
e-* I do not intend to spend a great deal of time reviewing the matter
It is for the above reasons that I have chosen to veto your
that veto.
action on Resolution X50-77, As Amended, and urge that you sustain
* *
City of Muskego
JJG/ je
P
RESOLUTION #"5-77
(As Amended)
APPROVAL OF GRIEVANCE
MPPA
\':HEREAS, the City of hluskego has received 3. gl.ie\,LlnCe
involving credit for hol.itlay pay wilcn double shifts
from the Muskego Professional Policeman's ~'lssoc.intiOl?
are worked, and
WHEREAS, the Chief of Police and the Finance Co~nmittee,
upon the advice of its negotiator, has denied the
grievance because there is no violation of the contract and
being untimely,
THEREFORE, BE IT RESOLVED, rhat the Corluno~l Council of
Finance Committee, does hereby deny the grievance filed
the City. of hluskego, upon the recorrmendation of the
by the Policeman's Associalion.
DATED THIS ??& , 1977.
FINANCE COMMITTEE
Ald. Edwin P. hmke
m ATTEST.
City Clerk